37 CFR 380.15 - Verification of royalty payments.

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There is 1 rule appearing in the Federal Register for 37 CFR 380. View below or at eCFR (GPOAccess)
§ 380.15 Verification of royalty payments.
(a) General. This section prescribes procedures by which the Collective may verify the royalty payments made by a Broadcaster.
(b) Frequency of verification. The Collective may conduct a single audit of a Broadcaster, upon reasonable notice and during reasonable business hours, during any given calendar year, for any or all of the prior 3 calendar years, but no calendar year shall be subject to audit more than once.
(c) Notice of intent to audit. The Collective must file with the Copyright Royalty Board a notice of intent to audit a particular Broadcaster, which shall, within 30 days of the filing of the notice, publish in the Federal Register a notice announcing such filing. The notification of intent to audit shall be served at the same time on the Broadcaster to be audited. Any such audit shall be conducted by an independent and Qualified Auditor identified in the notice, and shall be binding on all parties.
(d) Acquisition and retention of report. The Broadcaster shall use commercially reasonable efforts to obtain or to provide access to any relevant books and records maintained by third parties for the purpose of the audit. The Collective shall retain the report of the verification for a period of not less than 3 years.
(e) Acceptable verification procedure. An audit, including underlying paperwork, which was performed in the ordinary course of business according to generally accepted auditing standards by an independent and Qualified Auditor, shall serve as an acceptable verification procedure for all parties with respect to the information that is within the scope of the audit.
(f) Consultation. Before rendering a written report to the Collective, except where the auditor has a reasonable basis to suspect fraud and disclosure would, in the reasonable opinion of the auditor, prejudice the investigation of such suspected fraud, the auditor shall review the tentative written findings of the audit with the appropriate agent or employee of the Broadcaster being audited in order to remedy any factual errors and clarify any issues relating to the audit; Provided that an appropriate agent or employee of the Broadcaster reasonably cooperates with the auditor to remedy promptly any factual error or clarify any issues raised by the audit.
(g) Costs of the verification procedure. The Collective shall pay the cost of the verification procedure, unless it is finally determined that there was an underpayment of 10% or more, in which case the Broadcaster shall, in addition to paying the amount of any underpayment, bear the reasonable costs of the verification procedure.

Title 37 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-25; vol. 79 # 80 - Friday, April 25, 2014
    1. 79 FR 23102 - Determination of Royalty Rates for Digital Performance Right in Sound Recordings and Ephemeral Recordings
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule and order.
      Effective Date: April 25, 2014. Applicability Dates: These rates and terms are applicable to the period January 1, 2011, through December 31, 2015.
      37 CFR Part 380

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United States Code

Title 37 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 380 after this date.

  • 2014-04-25; vol. 79 # 80 - Friday, April 25, 2014
    1. 79 FR 23102 - Determination of Royalty Rates for Digital Performance Right in Sound Recordings and Ephemeral Recordings
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule and order.
      Effective Date: April 25, 2014. Applicability Dates: These rates and terms are applicable to the period January 1, 2011, through December 31, 2015.
      37 CFR Part 380